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Home My WebLink AboutMinutes - City Council - Regular - 11/22/1972NOVEMBER 22, 1972 REGULAR CITY COUNCIL MEETING The City Council of the City of Lubbock, Texas, met at 10:00 o'clock a.m. in the regular meeting place at City Hall, the following members thereof being present, to wit: Mayor Morris W. Turner, Councilman Lonnie F. Hollingsworth, Councilwoman Carolyn Jordan, Councilman John E. Baker, Councilman Bryce Campbell, City Manager N. a. McCullough, Assistant City Attorney Kenneth Jones, Assistant City Manager Robert Wilson and City Secretary -Treasurer Lavenia Lowe. Absent: City Attorney Fred 0, Senter, Jr. 72-31-483-1182 The invocation was given by Jim Bertram, Director of Planning. 72-31-483-1183 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber 72-31-483-1184 Motion was made by.Councilman Hollingsworth-, seconded by Councilwoman Jordan, motion carried, (3) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held November 9, 1972. 72-31-483-1185 'Motion teas made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (4) Mayor'Turner and -Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to approve Minutes of Accounts'Allowed for the months of May, June and July. The following checks were examined by Councilwoman Carolyn Jordan -on October 31, 1972, November 1, 1972, and November 2, 1972. 72-31-483-4186 (7a) GENERAL FUND - COMPUTER CHECKS 5-2-72 - 7-30-72. #18432 - 21878 GENERAL FUND.- WRITTEN IN ACCOUNTING 5-1-72 - 7-31-72 #7201 - 7653 WORKING CAPITA1. FUND - WRITTEN IN ACCOUNTING 5-2-72 - 7-25-72 #11791 - 11828 ELECTRIC REVENUE FUND - WRITTEN IN ACCOUNTING 5-1-72 - 7-31-72 #3996 4050 WATER REVENUE FUND —WRITTEN IN -ACCOUNTING 5-2-72 - 7-31-72 #5644 - 5717 AIRPORT REVENUE FUND - WRITTEN IN ACCOUNTING 5-1-72 - 7-25-72 #1521 - 1557 MISCELLANEOUS FUNDS - WRITTEN IN ACCOUNTING 5-1-72-- 7-27-72 #2736 - 2868 Mr. Kenneth May appeared before the -City Council requesting that a resolution be passed endorsing the basic recommendations as set forth by the Lubbock Bicentennial Committee as the overall goals for the City of Lubbock's involvement in -the Bicentennial Celebration. After consider- ation of all information presented, motion was made. -by Councilman Campbell, seconded by Council- man Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting -Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS, the commemoration of our Nations.200th anniversary will be held in 1976; and, WHEREAS, the City of Lubbock wishes to take an active part in the Bicentennial Celebration, and has through resolution created the Lubbock Bicentennial Committee for the purpose of establish- ing the goals to be achieved in this celebration; and, WHEREAS, the -Lubbock Bicentennial Committee has submitted the goals to the City Council for their approval and endorsement, and that the goals are in keeping with the American Revolution Bicentennial Commission of Texas' theme of: "The Promise of America, Past, Present and Future"; and, WHEREAS, the City Council -of the City of Lubbock urges participation in this celebration; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:. THAT the City Council of the City of Lubbock does hereby endorse the basic recommendations as set-fortli-by the Lubbock Bicentennial Committee as the overall goals for the City of Lubbock's involvement in the Bicentennial Celebration. THAT the City Council of the City of Lubbock request the Committee to present the goals to the American Revolution Bicentennial Commission of Texas.for their endorsement of Lubbock as a Bicentennial City, and that Lubbock be included in the State Bicentennial Program. Passed by the City Council this 22nd day of November, 1972. MORRIS W ,r, TURNER,. MAYOR ATTEST: Lavenia Lowe, City Secretary -Treasurer Fred 0. Senter, Jr.,,Ci.ty Attorney ,• LUBBOCK BICENTENNIAL.COMMITTEE - SUBCOMMITTEE REPORTS, OCTOBER 31, 102 The following recommendations are submitted to the.,Lubbock Bicentennial.Committee fox their. comments,.revisions and.endorsement as potential BicentenniaZ.Projects for the City of Lubbock. The goals set forth in this report are based on a series of Sub -Committee meetings, Steering Committee Meeting;,and recommendations by the individual members of the Lubbock Bicentennial Committee.. HERITAGE SUBCOMMITTEE REPORT: The Heritage Subcommittee recommends the adoption of the following projects and goals as a part of the Lubbock Bicentennial Celebration. The cataloging and publication of the -various. works of art which record the Heritage of Lubbock and the West Texas area, and are physically located in the City of Lubbock or the surrounding area. The utilization of the visual and physical.resources of the City for the Bicentenial Celebration and its various programs.' (The Museum, Ranch Headquarters, Lubbock Lake Site, Southwest Collection, Schools,.Governmental Agencies, and so forth.) To seek the continued development of the Lubbock Lake Site as a focal point in the history of West Texas. To work with the Lake Site Committee in developing a Heritage display depicting the evolution of man in West Texas through the past 12,000 years. To encourage Bicentennial Research. Projects Which Would contribute to -the understanding --of, or an appreciation for, National and Regional Heritage. This research should expose the success or failures of our people and our systems in order that we might understand and solve our continuing Socio-Economic Problems. FESTIVAL, USA SUBCOMMITTEE_ REPORT: The Festival, USA Subcommittee recommends the adoption of the following projects and goals as a part of the Lubbock Bicentennial Celebration. To create a National Food acid Fiber Hall -of Fame in commemoration of the Nation's 200th anniversary. The dedication of which would coincide with the beginning of the Bicentennial Celebration in Lubbock, to appropriately.name the Hall of Fame in•honor of the Bicentennial. The naming of the first six -lakes in the Canyon Lakes Project in commemoration of the Bicentennial -Era, To continue working with the Ranch Headquarters -Association in its efforts to make the Ranch Headquarters a major national tourist attraction during the Bicentennial Celebration. The continuation of the development of the Lubbock Lake Site as a tourist attraction with International Significance. To encourage the "Operation -Senorita" program as sponsored by the Junior League of Lubbock, - in becoming an event of -international goodwill. To include the SOth anniversary of Texas Tech University in the overall Bicentennial pro- gramming. To work with Texas Tech University and the International Center for Arid and -Semi-Arid Land Studies in the hosting.of International visitors during the Bicentennial Celebration. The development, coordination and staging of a Bicentennial Festival for the City of Lubbock, designed to attract tourists from the State'of Texas, the Nation and Foreign countries. The opening of Reese Air Force Base to tourists, visiting groups of Boy Scouts; ROTC organizations. and other interested individuals in an effort to promote a better under- standing of vital services offered by a military establishment. To -encourage the Lubbock Cultural -Affairs Counc.il,.Civic Lubbock, Public Schools, Civic, Womens, Service, Patriotic and all other organizations to participate fully in Bicentennial Projects. HORIZONS SUBCOMMITTEE REPORT: The Horizons Subcommittee recommends the adoption of the following projects and goals as a part of the Lubbock Bicentennial Celebration. 6 The Development and implementation•of- a plan of�actio-n which will accomplish the goals set forth in the -"Lubbock Goaig for the Seventies" under -the "Spirit of '76" Committee Report. Creation of a National Food and Fiber Hall of Fame to be appropriately housed in Lubbock. Endorse the continuation of the' -Neighborhood Development Program for the improvement of the community for all peoples.' Implement and up -date the goals as set forth in the "Lubbock Goals for the Seventies." To create a Bicentennial Boulevard from the Lubbock Lake Site through the Canyon Lakes, to the Memorial Civic Center and•'back to tti'e Lake Site by way a£ the Ranch Headquarters. thereby creating a complete triangle encompassing the -Bicentennial Projects. STEERING COMMITTEE REPORT: Throughout the series of committee meetings in which the'aforementioned goals and projects were considered, a number of multifaceted recommendations were considered. 'These recommendations, : although a vital part of the overall Bicentennial Celebration, did not fall into any of the three specific areas (Heritage, Festival or Horizons). Therefore the Steering Committee offers for inclusion into the overall Bicentennial Planning the following joint recommendations. The staffing of the Bicentennial Committee for the purpose of carrying out the overall goals of the Committee and the City of Lubbock. The organizing of a Speakers Bureau to tell the "Bicentennial Story" to the citizens of Lubbock, and encourage the participation'of all Lubbocki•tes•in the Celebration* The development of a program within the educational -institutions of the city based on the theme: "Who Am I, An American." To encourage Lubbock Christian College to pursue the creation of a "Freedom Tower" on the LCC Campus. To encourage Texas Tech University to create a program or course of study dealing with the contributions made to the West Texas Heritage by various ethnic groups. To obtain endorsement by the American Revolution Bicentennial Commission and the ARBC of Texas as or -Bicentennial City. Respectfully submitted, John A. Anderson Secretary 72-31-485-1187 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (10) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker 'and Campbell voting Yea, none voting Nay to pass Ordinance No. 6501 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6501 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, - BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF-LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Park Bond Funds The -sum $19,300.00 ` For the following -purpose: Labor, material and -equipment necessary to install lights on base- ball diamonds. One located in Mackenzie State Park and one located on Lou Stubbs Park. Labor, material and equipment necessary to construct concession and pressbox on baseball diamond in Mackenzie State Park. 72-31-485-1188 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (11) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6505 on second and final reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6505 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds'for an approved project; WIDENING OF UNIVERSITY AVENUE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF'LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Improvement Fund GWO 10655 The sum $12,902.34 For the following purpose: Acquisition of Right -of -Way to widen University Avenue: 2-508..34th St. (2,425.84 sq.-ft. out -of, Lots- 17. & 18,, Block 4,-. gollege View addition to+ the City of Lubbock', Lubbock County, Texas $12,399.84 Supplemental Expenditures 502.50 12E 902.34 72-31-486-1189 Motion was made by Councilman Hollingsworth, seconded.by Councilwoman Jordan, motion carried, (13) Mayor Turner and Councilmen Hollingsworth, Jordan,,, Baker aikd Campbell voting Yea, none voting Nay to pass Ordinance No. 6508 on second and final reading. ORDINANCE No. 6508 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES,,CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION•26-56 THEREOF PROVIDING FOR HOURS OF OPERATION OF BILLIARD OR POOL TABLES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-486-1190 Motion was made by Councilman Hollingsworth, seconded by-CounciWoman Jordan, motion carried, (14) Mayor Turner and Councilmen Hollingsworth, Jo3zdan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6509 on..second and final reading. ORDINANCE NO. 6509 AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF.THE EMPLOYEES OF.THE-CITY OF LUBBOCK,-.TEXAS.. BE IT ORDAINED BY THE CITY COUNCIL OF LUBBOCK, TEXAS: 72-31-486-1191- Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (15) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6510.on second and final reading. ORDINANCE NO. 6510 AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE SUPPLEMENTAL BENEFITS FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY ALL DEPARTMENTS OF THE CITY GOVERNMENT WHICH NOW PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM;.AND PROVIDING FOR PAYMENT OF THE CITY'S CONTRIBUTIONS ON ACCOUNT OF SUCH PARTICIPATION. 72-31-4.86-1192 Motion was made.by Councilman Hollingsworth, seconded. -by Counci.lwoman Jordan, motion carried, (16) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6511 on second and final reading. 72-31-486-1193 (17) 72-31-486-1194 (18) 72-31-486-1195 (19) 72-31-486-1196 (20) ORDINANCE NO. 6511 AN ORDINANCE UNDERTAKING TO PROVIDE FOR, AND GRANTING, "SPECIAL PRIOR SERVICE CREDIT" UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM TO QUALIFYING EMPLOYEES OF THE CITY OF LUBBOCK, TEXAS. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, nose voting Nay to,paas Ordinance.No. 6512 on second and final reading. ORDINANCE NO. 6512 AN ORDINANCE UNDERTAKING TO PROVIDE FOR, AND GRANTING "ANTECEDENT SERVICE CREDIT" UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE RATES HEREIN PRESCRIBED, TO QUALIFYING EMPLOYEES: OF THE CITY OF LUBBOCK, TEXAS. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6502 on second and final reading„ ORDINANCE No. 6502 AN ORDINANCE ABANDONING AND CLOSING A 2.0 FOOT UNDERGROUND UTILITY EASEMENT IN THE ROTHWEBB ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE -CLOSING AND ABANDONMENT OF SUCH UNDERGROUND UTILITY EASEMENT. Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6506 on second:and final reading. ORDINANCE NO. 6506 AN ORDINANCE ABANDONING AND CLOSING A STREET STUB IN THE 4900 BLOCK OF UTICA AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDI- NANCE;. DIRECTING THE CITY ENGINEER TO MARK THE.OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THE STREET STUB; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Hollingsworth, seconded by Councilwoman -Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting �- Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- THAT the Mayor of -.the City of Lubbock be and is hereby authorized and directed to execute for an on behalf of the City of Lubbock a Quit Claim Deed in favor of Dr. Hubert E. Cone, l attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes'of this Council shall constitute and beta part of thin Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of November,-1972. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Fred 0. Senter, Jr., City Attorney � UIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK /s/.Morris W. Turner MORRIS W. TURNER, MAYOR KNOW ALL MEN BY THESE PRESENTS THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND NO/100 ($1.00)-DOLLARS.and other good and valuable consideration to ft in hind -paid by DR. HUBERT E. CONE, of Lubbock County, Texas, the receipt of which is hereby acknowledged; does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said DR. HUBERT E. CONE, of Lubbock County, Texas, all his right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock; State of Texas, described as follows, to -wit: BEGINNING at a point which is 339.50 feet North.'and 28.50 feet East of the Southwest Corner of the Southeast one -quarter of Section 18, Block t, Lubbock County, Texas, said point being in the East right-of-way line of Utica Avenue; THENCE Northeasterly around a,curve to the rig$ having a radius of 15.00 feet, tangent lengths of 15.00 feet, delta angle of 90° for a curve. dis-tance'of 23.6 feet; - THENCE North a distance:of 56:00 feet to a point from which the radius point of curve .bears North 15.00 feet; THENCE Northwesterly around a;curve to the right having it radius of 15.00 feet, tangent lengths of 15.00 feet, delta angle of 90° for a curve distance of 23.6 feet to a point of tangency in the East right-of-way line of Utica Avenue; THENCE South -a distance of 86.00 feet to the PLACE OF BEGINNING. TO HAVE AND TO HOLD THE same premises together with all and singular the -rights, privileges and appurtenances thereto in any manner belonging unto the said DR. HUBERT E. CONE, of Lubbock County,'Texas, his heirs and assigns, nor any persons claiming under them shall at any time herein- after, have, claim, or demand any right to the title to the aforesaid premises or appurtenances or any part thereof. WITNESS MY HAND AT'LUBBOCK, TEXAS, this 22nd day of November, 1972.' ATTEST: CITY OF LUBBOCK /a/ Morris W.'Turner MORRIS W. TURNER, MAYOR /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM:, s/ Fred O. Senter, Jr. Fred 0, Senter, Jr., City Attorney NOTICE OF CITY COUNCIL HEARING 72-31-487-1197 NOTICE is hereby given to owners of the property hereinafter described or referred to and to all (24). other persons as provided by law, that the City Council will hold a public hearing on the 22nd day of November, 1972, at 10:00 a.m., in'the-City Council'Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that -the zoning district of the property herein described be changed; and -at which time and place all interested persons will be given an opportunity -to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recom- mendations: I 1 ZONE CASE NO..1437-D.- Request of H. M. (Buzz) Bourgeois to amend the site,plan to a tract of land out of Section 22, Block A, City of Lubbock, Lubbock County, Texas. .Property is further described by metes and bounds to wit: A tract of land out of Section 22, Block A, Lubbock County, Texas, further described to wit: BEGINNING at a point that is 2,307.7 feet east and 60 feet north of the southwest corner of Section, 22, Block A; THENCE North 545 feet to a point; THENCE East 240.1 feet to a point; THENCE South 545 feet to a point; THENCE West 240.1 feet to the point of BEGINNING. (North of 4th Street and West of Toledo Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted. ZONE CASE NO. 1854 - Request of Howard M. Milburn (for Westmont Christian Church) to change the South 275' of Lot 535, Kuykendail Heights Addition, City of Lubbock, Lubbock County, Texas, from an "R-l" to a "C-2" Zoning District. (North of 50th Street and West of Utica Avenue) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following conditions: 1. -2.2 square feet of parking for each square foot of building area. 2.. That a solid 6 foot permanent type screening .fence of wooden or masonry construction shall be -erected and permanently maintained between the commercial and residential property to the west. ZONE CASE NO. 1852 - Request of Don Osborne 4for Troy V. Post) to change Lots 19 thru 36, Block 1, Elwood Place Addition, City of Lubbock, Lubbock County Texas, from an "R-2" to a 11C-3" Zoning District with the following desired uses to be made of property: Lots 19 and 20 to be used for bank,facilixies, Lots 21 thru 36 to be used for parking. (North of 20th Street between Avenue X and University Avenue) _ The Planning and Zoning Commission recommended to the City.Council that this request be -granted subject to_the following conditions: 1. Tied to the site -plan as to the landscaping and ingress and egress. ZONE CASE NO. 1853 - Request of Alfred McWhorter to change Lots 2 thru 5, Block 32, Overton Addition, City of.Lubbock, Lubbock County, Texas, from an "R-2" to.an "A-2" Zoning District. (West of Avenue S on 5th Street) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. MINIMUM LANDSCAPING Fifteen (15) percent of the total lot area shall be landscaped.and permanently maintained. A portion of said landscaping shall be visible from the fronting street. Landscaping shall be defined as changing the features of the required area by adding lawns, trees, bushes, etc.,so as to produce the most attractive and/or desirable effect. Flans for landscaped areas shall be submitted to be checked and approved by the Director of Planning. ZONE CASE NO. 1854 - Request of Barney Quillin, to change Lot 1, Taylor -Jackson Addition, City of Lubbock, Lubbock County, Texas, from an "R-3" to "A-1" Zoning District. (The Southwest corner of 41st Street and Avenue S) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition,: 1. Restricted to single story structure. ZONE CASE NO. 1855 - Request of Mike Millsa (for Essie S. Millsap & Kathryn Millsap O'Hair) to change Lots 13, 14 and the west 1/2 of Lot 15, Block 128, Overton Addition, City of Lubbock, Lubbock County, Texas, from an "R-2" to an "A-21' Zoning,District, (The.Northeast corner of 9th Street and Avenue X) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. MINIMUM LANDSCAPING Fifteen (15) percent.of the total lot area,shall be landscaped and permanently maintained. A portion of said landscaping shall be visible from the fronting street. Landscaping shall be defined as changing the features of the required;.area by adding lawns, trees, bushes, etc. so as to produce the most attractive and/or. desirable effect. Plans for landscaped areas shall be submitted to be checked and.approved by the Director of Planning. Y ZONE CASE NO. 1839 - Appeal of Lewis Garnett (for John H.-Splawn)-to%change a tract of land out of Section 6, Block E-2, City of Lubbock, Lubbock County, Texas, delete condition 1 and 2 of Ordinance 5356...Property is further described -by metes -and bounds to wit: BEGINNING at a point which -is 1403 ft.-horth and-1006.2 ft.-east of the -Southwest corner of Section 6,.Block E-2, Lubbock County, Texas; THENCE West 143.5 feet;• THENCE North a distance of .174 feet; THENCE 59*09' East a distance of 177.04 feet to a point in the West line of Englewood Avenue; THENCE South along the West line of Englewood -Avenue a distance of 278 feet to place of BEGINNING. (West of Englewood.and North'of 46th-Szreet) - The Planning and Zoning Commission recommended to-the:City Council'that this request be denied. - /s/ Lavenia Lowe Lavenia Lowe, City Secretary - Treasurer, City of Lubbock, Texas In accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1850 - Request of Howard M. Milburn (for Westmont Christian Church) to change property located north of 50th Street and west -of Utica Avenue from an 11R-1" to a,"C-2" Zoning District. The Planning and Zoning Commission recommended that this -request be granted subject to the following conditions 1.- 2.2 square. feet of parking for each square foot of building area. 2. That a solid 6 foot permanent type screening fence of wooden or masonry construction shall be erected and permanently maintained between the commercial and residential property to the west. Mayor Turner called for proponents -and opponents to -appear before the City Council. Rev. Howard M. Milburn appeared in support of -this.zone change request. Jim Bertram, Director of Planning,.gave a summation -of the recommendations of .the Planning and Zoning Commission. No one else came forward; whereupon, Mayor -Turner announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, - Baker and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and -pass Ordinance No. 6513 on first reading. ORDINANCE NO. 6513 AN.ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO.'1850: CHANGE THE SOUTH 275' OF LOT 535, KUYKENDAZL HEIGHTS.ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-1" TO A "C-2" ZONING:DISTRICT: SUBJECT TO'CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-489-1198 In accordance with the above Notice of Zoning Hearing, hearing was'held on Zone Case No. 1853 - .(26) Request of Alfred McWhorter.to change property located west of Avenue S•on 5th Street from an "R-2" to an "A-2" Zoning District. -The Planning and Zoning Commission recommended that this request be granted -subject to the following condition: MINIMUM LANDSCAPING, Fifteen (15) percent of the total lot area shall be'landscaped and permanently maintained. A portion of said landscaping shall be visible from the fronting street. Landscaping shall be defined as changing the features of the required area by adding lawns, trees, bushes, etc., so as to produce the•mbst attractive and/or desirable effect. k Plans for landscaped areas•shall be'submitted'to be -checked and approved by the'Directoir- of Planning. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Alfred McWhorter appeared in support of this zone change request. Jim Bertram, Director of Planning, gave a summation of the recommendations of the Planning and Zonifig Commission. No one else came forward; whereupon, Mayor Turner announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilwoman Jordan,.mdotion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to uphold -the recommendation of the Planning and Zoning Commission and pass Ordinance No. 6514 on first reading. ORDINANCE NO. 6514' AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: 'ZONE CASE NO. 1853: CHANGE LOTS 2 THRU 5, BLOCK 32, OVER - TON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A-2" ZONING DISTRICT; SUBJECT TO'CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLI- CATION. I . . 72-3lv489-1199 In accordance with the above Notice of Zoning Hearing, hearing was:.held on Zone Case No. 1854 - (27) Request of Barney Quillin to change property located at the southwest corner of 41st Street and Avenue S from an "R-3"'to an "A-l" Zoning District. The Planning and Zoning Commission recom- mended that this request be granted subject to the following condition: .4- Restricted•to single story structure. Mayor Turner called for proponents and opponents to appear before -the -City Council. Mr, Barney Quillin appeared in -support of this zone change request. Jim Bertram, Director of Planning, gave -a summation.-o€.the recommendations of the Planning. and Zoning Commission. No one else came forward; whereupon, Mayor-Turner,announced that the hearing -was closed. After consider- ation of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen -Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 6515 on first reading. ORDINANCE NO. fi515 AN ORDINANCE AMENDING•ZONING ORDINANCE NO. 1695`AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1854: CHANGE -LOT 1, TAYLOR-JACKSON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-3" TO "A-l" ZONING DISTRICT; SUBJECT TO CON- DITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-490-1200. In accordance with the above Notice of Zoning Hearing, hearing was -held on Zone Case No. 1855 - (28) Request of Mike Millsap (for Essie S. Millsap and Kathryn Millsap O'Hair) to change property located at the northeast corner of 9th Street and Avenue X from an "R-2" to an "A-2" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: MINIMUM iANDSCAZING Fifteen (15) percent of the total lot area shall.be'landscaped and permanently maintained. A portion of said landscaping'shall be -visible from the fronting'street. Landscaping shall be defined as changing the features of the required area by adding lawns, trees, bushes, etc., so as to produce the most attractive and/or desirable effect. Plans for landscaped areas shall be submitted -to -be checked and approved by the Director of Planning. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Mike Millsap appeared in support of this zone change request. Jim Bertram, Director of Planning, appeared before the City Council and gave a summation -of the -recommendations of the Planning and Zoning Commission. No one else came forward;- whereupon, Mayor Turner announced that the hearing was closed. After consideration of.al-l•in€ormation presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to,uphold the recommend- ations of the Planning and Zoning Commission and pass Ordinance No. 6516-on first reading. ORDINANCE No. 6516 AN ORDINANCE AMENDING ZONING ORDINANCE'NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS- TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1855: CHANGE -LOTS 13, 14 AND THE WEST 1/2 OF LOT 15,.BLOCK 128, OVERTON ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM AN "R-2" TO AN "A -2" ZONING DISTRICT;SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-490-1201 in accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1839 - (29) Appeal..of Lewis Garnett (for John H. Splawn) to change property located west of Englewood and north of 46th Street by deleting Condition I and Condition 2 of -Ordinance No. 5356. The Planning and Zoning Commission recommended -that this. -request be denied.. Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Lewis Garnett appeared in support of this zone change request. Jim Bertram, Director of Planning, appeared before the City Council and gave a summation of the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, -Mayor Turner announced that the hearing was closed. After consideration of all information presented, motion was%made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to uphold -the recommendations of the Planning and Zoning Commission and -deny this request.- 72-31-490 -1202 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (30) Mayor Turner and Councilmen Hollingsworth, Jordan and Baker voting Yea, none voting Nay to pass Ordinance No. 6517 on first reading. Councilman Campbell was absent at the time of this motion. ORDINANCE NO. 6517 AN ORDINANCE ANNEXING AN•AREA.OF LAND TO THE CITY OF LUBBOCK, WHICH AREA IS DESCRIBED HEREIN AND IS,ADJACENT TO AND ABUT THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PRO- VIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITQRY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-490-1203 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (31) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6518 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6518 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, - BE IT ORDAINED BY THE CITY COUNCIL OF THE GITY OF LUBBOCK:. There is hereby appropriated out of the following described bond fund, to -wit: Traffic Signal Bond Fund --- --- - - } - - - The sum $4,000.00 For the following purpose: Installation of traffic signals on University Avenue at 34th Street and 50th Street. (This will be an addition to GWO 10794) 72-31-491-1204 The City Council considered the request of South Plains Mall for installation of a traffic (32) signals at 60th Street and Slide -Road. After consideration of all information presented, motion was made by Councilman -Hollingsworth;, seconded by Councilwoman -Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize the installation of a traffic signal at.60th and Slide Road if the owners of South Plains Mall will pay for the installation. 72-31-491-1205 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (33) ,Mayor. Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION WHEREAS; the City of Lubbock is planning the construction of a new Airport Terminal facility, and the operation of this facility to begin in October, 1975; WHEREAS, the improvement of North Quirt Avenue North of Loop 289 is essential for provision of adequate street traffic service for,the proposed Airport Terminal; and, .WHEREAS, the section of North Quirt Avenue from Loop 289 North to the North City Limit has been designated as a part of the Federal Aid Metropolitan highway system in the Lubbock urbanized area; NOW THEREFSORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby request the Texas Highway Department to arrange pro- gramming and financing under applicable policies for the purchase of necessary additional right of way, using State and City funds, and for the improvement of a suitable paved street, using Federal an&:State Funds, in accordance with the recommended Plan of the Lubbock Urban Trans- portation Study, on North Quirt Avenue, from Loop 289 to the North City Limit, and to proceed with the planning and construction of this project with the objective of placing it in operation with the new Airport Terminal. - Passed by the City Council this 22nd day of November, 1972. /s/ Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter,_Jr, _ Fred 0. Senter, Jr., City Attorney 72-31-491-1206- The City Council considered the request of Eddie Martin for permission to pave the south one- (34) half of 64th Street from Indiana Avenue to Hartford Avenue and the west one-half of Hartford Avenue from 64th Street to 66th Street. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to grant this request. 72-31-491-1207 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (35) Turner and Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay, to authorize final payment in the amount of $8,263.87 to Water Industries, Inc., for five wells in the Sandhills Well Field. Councilman Hollingsworth was absent at the time of this motion. CERTIFICATE OF COMPLETION Honorable Mayor and City Council City of Lubbock, Texas Gentlemen: On November 21, 1972, I -inspected the Five (5) Water Wells in the Sandhills Field, W.W.O. 11463, dated August 1971, and found said improvements to have been completed in accordance with the plans and specifications. Therefore, I recommend that you accept said improvements and authorize final payment to the _ Contractor. Yours very truly, /s/ Wilford D. Watson Wilford D. Watson City Engineer 4 CONTRACTORS AFFIDAVIT ON CLOSING JOB STATE -OF TEXAS COUNTY OF DEAF SMITH Before me, a'Notary.Public in and for Deaf Smith County, Texas, on this day personally appgared R..Paul Coneway, who being by me dull sworn,'upon oath says: I, •R. Paul Coneway, do represent to the City of Lubbock and solemnly swear that I executed a contract with the City of Lubbock, said contract being dated August 19, 1971,for Drilling, developing, furnishing and installing pumping units for 5 water wells, Sandhills Well Field under W.W.O. 11463, and that the work -and -contract ha's been completed according to the plans and specificatigns pertaining to the project and that -all -labor, material, supplies and other cost including equipment, rental and hire,.'and•all expense items incurred in connection with said project have been paid in full; that all liens and rights to fix liens against any part of said project or the moneys, bonds, or warrants due the contractor, have been satisfied by pay- ment to the claimant, his authorized agent or attorney, and full release of all recorded liens or claims have been secured by settlement and duly filed of record with the County Clerk of Lubbock County, • I further represent and affirm that all.Federai,.State and Municipal laws were substantially complied with by -me in doing and carrying out the .job and project herein referred to and that I paid applicable scale of wages, and this affidavit is made to secure payment from the City of Lubbock to me of the full and -final moneys due me under this contract. Witness my hand this 25th day of September; 1972. Attest: Stephen P. Coneway /s/ R. Paul Coneway Subscribed and sworn to before -me this the 25th day of September, 1972. /s/ Thelma Lamm Notary Public in and for Deaf Smith County, Texas 72-31-492-1208 Motion was made by Councilwoman Jordan, seconded by Councilman.-BAker, motion carried, Mayor (36) Turner and Councilwoman Jordan, Councilman Baker and Campbell voting Yea, none voting Nay that the following resolution'be-passed.. Councilman Hollingsworth was.absent'at the time of this motion. RESOLUTION II WHEREAS, the City of Lubbock has applied for a federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, to assist in the construction of certain waste water treatment facilities; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL .OF THE,CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE, and is hereby authorized to sign for and on behalf of the City of Lubbock all necessary documents required to complete Project WS•TEX-542. Passed by the City Council this 22nd day of November,.1972. /s/ Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: /s/ Lavenia `Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: - - /s/_Fred 0. - Senter;, Jr.'_ Fred O.-Senter, Jr., City Attorney 72-31-492-1209 Motion was made by Councilman'Campbell, seconded by Councilman Hollingsworth, motion carried, (41) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6519 on first reading. ORDINANCE NO. 6519 AN ORDINANCE ABANDONING AND CLOSING AN EXISTING GUY WIRE EASEMENT IN THE ALLAN INDUSTRIAL PARK'ADDITION TO THE CITY -OF LUBBOCK, LUBBOCK COUNTY, -TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE BODY -OF THIS ORDINANCE AND DIRECTING THE CITY -ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF SUCH GUY WIRE EASEMENT. 72-31-492-1210 Motion wad made by. Councilwoman'Jordan,. seconded by Councilman -Campbell, motion carried, Mayor (37) Turner and Councilwoman Jordan, Councilmen Baker and Campbell voting Yea; none voting Nay that the following resolution be passed. Councilman Hollingsworth was absent at the time of this motion. RESOLUTION BE IT -RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Quit Claim Deed in favor of FLAGG HOMES, INCORPORATED, a. attached herewith which shall he spread upon the minutes of the Council and as spread upon the minutes of this Council shams F75—isfitute and be a part of this Resolution as if fully copied heref-n in detail. Passe4 by the City Council this 22nd day of November, 1972.. ATTEST: Isl Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr. QUIT CLAIM DEED THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Morris W.. Turner MORRIS W. TURNER, MAYOR KNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of ONE AND N0/100-($1.00) DOLLARS and other good and valuable consideration to it in hand paid by FLAGG HOMES, INCORPORATED, of Lubbock County, Texas, the receipt of which is hereby acknowledged, does hereby by these presents ABANDON, DISCLAIM, RELEASE AND FOREVER QUIT CLAIM unto the said FLAGG HOMES, INCORPORATED, of Lubbock County, Texas, all their right title and interest in and to that certain tract or parcel of land lying and being situated in the County of Lubbock, State of Texas, described as follows, to -wit, BEGINNING at a point 25.00 feet South and 25.00 feet West of the Southwest corner of Lot lk Safeway Addition to the City of Lubbock, Lubbock County, Texas; THENCE South a distance of 178.62 feet; THENCE West a distance of.25.00 feet; THENCE South.a distance of 4.43 feet; THENCE West a distance of 15.00 feet to a point in the South line of Lot 2, Safeway Addition from which the radius point of a fifteen radius curve bears North 15.00 feet; THENCE Northeasterly around a curve having a radius of 15.00 feet, tangent lengths of 15.00 feet, delta angle of 900 for a curve distance of 23,56 feet to a point of tangency in the east line of Lot 2, Safeway Addition; THENCE North along the east line of said Lot 2 a distance of 341.7 feet to a point of curvature; THENCE around a curve to the left having a radius of 15.00 feet, tangent lengths of 15.00 feet, delta angle of 900, for a curve distance of 23.56 feet; THENCE East a distance of 40.00 feet; THENCE South a distance of 188.65 feet to the PLACE OF BEGINNING. TO HAVE AND TO HALD the same premises together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said FLAGG HOMES, INCORPORATED, of .Lubbock County, Texas, their heirs and assigns, nor any persons claiming under them shall at any time hereinafter, have, claim or demand any right to the title to the aforesaid premises gr appurtenances or any part thereof. WITNESS MY HAND AT LUBBOCK, TEXAS, -this 22nd day of November, 1972. i /s/ _Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: /a/ Lavenia Lowe Lavenia Lowe, City -Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 72-31-493-1211 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor (38) Turner and Counc�lwoman.Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to accept the offer of Tom Hutchinson and Virginia M. Howard to.sell property located at 2210 4th Street for a consideration of $24,150 for the widening of 4th Street. Councilman Hollings- worth was absent at the time of this motion. LEGAL:DESCRIPTION BEING 2,164.95 sq. ft. out of Lot 24, Block 11, Green and Hankins Subdivision, in the City of Lubbock, Lubbock County, Texas, according to a plat of said Addition recorded in Volume 88, Page 605, of the Plat Records of Lubbock County; and being the same property described in a Deed from D. D. Adams, et ux, to Robert Howard and Tom Hutchinson, dated November 26, 1954, recorded in Volume 554, Page 81, Deed Records of Lubbock County, Texas. Said 2,164.95 sq. ft. of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the north right-of-way line of U.S. 82 (4th Street) said point being the southwest corner of Lot 24, Block 11, Green and Hankins Subdivision in the City of Lubbock, said point also being the intersection of the north line of U.S. 82 and the east line of Vernon Avenue. THENCE NORTH along the west line of Lot 24, Block 11, a distance of 17 feet to a point in the proposed north right-of-way line of U.S. 82 (4th Street); THENCE NORTH 89059' East along said line -a distance -of 127.5 feet to a point in the east line of Lot 24, Block 11; THENCE SOUTH along the east line of Lot 24, Block 11, a distance of 17 feet to a point in the north right of way of U.S. 82 (4th Street); THENCE WEST along the present north right of way line of U.S. 82 a distance of 127.5 feet to the place of beginning. 72-31-494-1212 The City Council considered paving of'a portion of Indiana Avenue between 63rd Street and 64th (40) Street. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting -Yea, none voting Nay to authorize negotiations with the owner of the property on the basis of defering the principal payment until such time the property is platted or sold and deleting the interest payment. 72-31-494-1213 Motion was made by Councilman Hollingsworth, seconded by Councilwoman' Jordan, motion carried, (42) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to•pass Ordinance No: 6520 on first reading. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6520 WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: Street Lighting Bond Fund The sum $20,000.00 For the following purpose: To install residential Mercury 'Vapor street lights at various locations. 72-31-494-1214 Motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, (43) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6521 on first reading. Councilwoman Jordan 'stated that she is opposed to service charges as such, but to balance the budget she would vote for this ordinance. ORDINANCE NO. 6521 -AN ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW SECTION 34-72 PROVIDING DEFINITIONS USED IN SEWER SERVICES AND CHARGES; ADDING A NEW SECTION 34-73 PROVIDING FOR SEWER SERVICE AND DISCONTINUANCE OF SERVICE FOR NON- PAYMENT; ADDING A NEW SECTION 34-74 PROVIDING FOR MEASUREMENT OF SEWERAGE OF COMMERCIAL OR INDUSTRIAL USERS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 72-31-494-1215 Motion was made by Councilman Hollingsworth, seconded by Councilman Baker, motion carried, Mayor (44) Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION APPROVING AND PROVIDING FOR EXECUTION OF PROPOSED FIRST AMENDATORY CONTRACT AMENDING CONTRACT FOR OPEN -SPACE PURPOSES BETWEEN THE CITY OF LUBBOCK, TEXAS, AND THE UNITED STATES OF AMERICA WHEREAS, under Title VII of the Housing Act of 1961, as amended, the United States of America (herein called the "Government").has tendered to the City of Lubbock, Texas, (herein called the "Public Body") a proposed amendment to Contract for Open -Space Purposes No. OSL-TX- 06-16-1003 (G): and, WHEREAS, the Public Body has given due consideration to such proposed amendatory contract; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE PUBLIC BODY AS FOLLOWS: SECTION 1. The pending proposed Amendatory Contract, designated "First Amendatory Contract Amending Contract for Grant to Acquire Open -Space Land under Title VII.of the Housing Act of 1961, as Amended", is hereby approved in all respects. SECTION 2. The Mayor of this local Public Body, in its behalf, is hereby authorized and directed to execute said proposed Amendatory Contract in three counterparts, and the City e 9 Secretary of this local Public Body is hereby authorized and directed to impress and attest the official seal of this local Public Body on each such counterpart and to forward such counterparts as may be required to the Department of Housing and Urban Development, together with such certified copies of the proceedings and further documents relative to the approval and execution of the Amendatory Contract as may be required by the Government.. Passed by the City Council this 22nd day of November, 1972. Isl Morris W. Turner ATTEST: Isl Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Isl Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FIRST AMENDATORY'CONTRACT AMENDING CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE PURPOSES UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED { Project No.: OSL-TX-06-16-1003 Contract No.: OSL-TX-06-16-1003(G) THIS FIRST AMENDATORY CONTRACT, made and entered into on the date hereinbelow specified, by and -between -the City of Lubbock, Texas -(herein called -the "Public Body"), and the United States of America (herein called the "Government"), WITNESSETH: WHEREAS, the Public Body and the Government have heretofore entered into a Contract for Open Space Grant (herein called the ''Contract") dated September 10, 1971; and WHEREAS, the Public Body has requested certain changes in"the Contract; and WHEREAS, the Government considers the Public Body's request proper. NOW, THEREFORE, the Contract is hereby amended in the following respects: 1. SECTION 2 is amended by deleting the descriptions of property described in Attachment "A" -and by inserting in lieu thereof the descriptions attached hereto as Exhibit B. 2. SECTION 3 is amended by deleting 11$231,907" and inserting in lieu thereof "$141,314," In all other respects, the aforesaid Contract remains in full force and effect. IN WITNESS WHEREOF, this Amendatory Contract has been executed in the name of the City of Lubbock, Texas, by the undersigned official, and under its official seal, attested by its Secretary, and in the name and on behalf of the United States of America, Secretary of Housing and Urban Development, by the undersigned official. (SEAL) ATTEST: Isl-Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer EXHIBIT B TRACT II CITY OF LUBBOCK, TEXAS By /s/ Morris W. Turne MORRIS W. TURNER, MAYOR UNITED STATES OF AMERICA Secretary of Housing and Urban Development By Area Director Dallas Area Orrice, Region VI FIELD NOTES for a tract of land out of the Northwest 1/4 of Section 2, Block "A", Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at a point which bears S 0°14'30"E a distance of 10.00 feet from the Southeast corner of Lots 3, Tract "F", Mackenzie Terrace Addition to the City of Lubbock, Lubbock County, Texas; THENCE S 0014130" E a distance of 107.00 feet to the point of curvature to the right; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, tangent lengths of 15.00 feet, a delta angle of 90 % a chord distance of 21.21 feet; THENCE S 89045'30" W a distance of 25.00•feet; THENCE S 0014130" E a distance of 30.00 feet; { THENCE S 89°45'30" W a distance of 590.00 feet; l THENCE N 0*14'30" W a distance of 758.25 feet; THENCE N 89°34'14" E a distance of 373.40 feet; THENCE S 0°14'30" E a distance of 607.47 feet; THENCE N 89°45'30" E a distance of 256.60 feet to the Place of BEGINNING, containing 7.35 acres, more or less. TRACT I V Tract out of Sec. 78, Blk. A, Lubbock County, Texas FIELD NOTES for a tract of land described by metes and bounds as follows: BEGINNING at a point which bears north 849.92 feet and west 28 feet from the southwest corner of Lot 61 HORNE'S MESA ADDITION to the City of Lubbock, Lubbock County, Texas; THENCE north 395 feet; THENCE east 660 feet; THENCE south 395 feet; THENCE west 660.feet to the place of beginning containing 5.98 acres of land more or less. TRACT VI FIELD NOTES for a 7 1/2 acre tract of land located in Section 6, Block E-2, Lubbock County, Texas, described by metes and bounds as follows: _ BEGINNING at the southeast corner of the SW 1/4 of Section'6, Block E-2; THENCE West 990 feet; THENCE North 330 feet; THENCE East 990 feet; THENCE South 330 feet to the place of beginning. 72-31-496-1216 Motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner (45) and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay that the following resolution be passed. RESOLUTION ACCEPTING AMENDMENT NO. 1 TO GRANT AGREEMENT CONTRACT NO FA 69 SW 9004 BE IT RESOLVED by the City Council of the City of Lubbock, Texas: SECTION 1. That the Mayor and City Council of the City of Lubbock, Texas, do hereby accept Amendment No, l to Grant Agreement, Contract No. FA 69 SW 9004, as authorized by the Chief, Airports District Office, Federal Aviation Administration, transmitted by letter dated November 9, 1972, that said Mayor and City Council do hereby accept all the terms, conditions, and obligations therein and thereby imposed and by their acceptance of same do hereby acknowledge such instruments as constituting a solemn and binding agreement with the United States Government for the purpose of obtaining Federal aid in the development of the Lubbock Regional Airport, and that such agreement shall be as set hereinbelow. SECTION 2. That the Mayor of the City of Lubbock, Texas, is hereby authorized and directed to evidence said City's agreement by affixing his signature to such agreement, which is hereby executed in sextuplicate, and the City Secretary -Treasurer is hereby authorized and directed to impress the official seal of the City of Lubbock, Texas, thereon and to attest said execution. SECTION 3. That the Amendment No. 1 to the Grant Agreement referred to hereinabove shall be as follows: UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Page 1 of 3 pages Contract No. FA 69 SW 9004 Lubbock Regional Airport Lubbock, Texas Project No. 9-41-071-C913 AMENDMENT NO. 1 TO GRANT AGREEMENT WHEREAS, the Federal Aviation Administration, successor to the Federal Aviation Agency (herein- after referred to as the "FAA") has determined it to be in the interest of the United States of America that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the City of Lubbock, Texas, (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 13th day of March 1969, relating to the Lubbock Regional Airport, a/k/a West Texas Air Terminal, Lubbock, Texas, Project No. 9-41-071-C913, be amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the United States of America on the one part, and the Sponsor, on the other part, do hereby mutually agree that the said Grant Agreement shall be and hereby is amended as.follows: 1. The following Special Condition is hereby deleted from Project No. 9-41-071-C913: 9(d) It is mutually understood and agreed that the United States will not make final payment of the allowable costs of this project until the Sponsor has submitted satisfactory evidence that the airport imaginary surfaces as defined in Section 77.25 and 77.27, Subpart.C, Part 77 of the Federal Aviation Regulations published in the Federal. Register February 10, 1965 (30 F.R. 1837),.have been protected by the adoption of a zoning ordinance and regulations repealing, superseding, and replacing a prior zoning ordinance securing avigation easements or otherwise prohibiting the creation, establishment, erection, or construction in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Administrator As -sufficient in the case of this particular airport. It is further understood and agreed that if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obligation shall not operate to bar inclusion of such acquisition in a subsequent project. 2. The following Special Condition is added to Project No. 9-41-071-C913: 9(1) Within a reasonable length of time after the financial completion of this- project, the sponsor shall submit satisfactory evidence that the airport imaginary surfaces "defined in Section 77.25, Subpart C, Part 77 of the Federal Aviation Regulations published in the.Federal Register, 1 April 1971 (36 F.R. 5968), have been protected by the adoption of a zoning ordinance and regulations repealing, superseding, and replacing a prior zoning -ordinance enacted by the sponsor which is now obsolete, or by securing avigation easements or otherwise prohibiting the creation, establish- ment, erection.or construction in such areas of obstructions to air navigation to the extent provided for in such Regulations or approved by the Administrator as sufficient in the case of this particular airport. it is further understood and agreed that if the imaginary surfaces shall have been protected by the acquisition of avigation easements or other interests in land, the assumption of this obliga- tion shall not operate to bar inclusion of such acquisition in a subsequent project. IN WITNESS WHEREOF, -the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of this.22nd day of November, 1972. SECTION 4. For the.preservation of the public peace, health and safety, an emergency is hereby declared to exist by reason whereof this Resolution shall be in full force from and after its passage and approval. PASSED AND APPROVED by a majority vote of the Council of the City of Lubbock, Texas, and approved by me this 22nd day of November, 1972. /s/ Morris W. Turner MORRIS W. TURNER, MAYOR ATEEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: ls/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 72-31-497-1217 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (46) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to authorize write-off of uncollectible accounts. CITY OF LUBBOCK SUMMARY OF UNCOLLECTIBLE ACCOUNTS As of September 30, 1972 FUND DEPARTMENT DESCRIPTION TOTAL General Legal -Finance Various Weed Mowing Accounts $ 6012.40 General Animal Shelter Thirty-one (31) Uncollectible 204.50 Checks General Golf Thirteen (13) Uncollectible 89.19 Checks - General Health Two (2) Uncollectible Checks 4.50 General Municipal Court Seven (7) Uncollectible Checks 149.00 General Police One (1) Uncollectible Check 5.00 General Tax Ten (10) Uncollectible Checks 217,52 General Zoning One (1) Uncollectible Check 150.00 General Cemetery Grave Service Accounts $250.00 Adult and Baby Space Contracts $222.00 Open Space Contracts and Repossessions at request of customer $1271,00 Lots repossessed to be returned to inventory at value of $3,020.00 $ 1743.00 TOTAL GENERAL FUND $ 8575.11 Airport Revenue Airport TOTAL AIRPORT REVENUE FUND Electric Public Utilities Collections Electric Public Utilities Collections TOTAL ELECTRIC REVENUE FUND Water Public Utilities Collections Water Public Utilities Collections TOTAL WATER REVENUE FUND Three (3) Uncollectible Checks 1 20.00 S 20.00 Returned Checks - Not $ 411.69 Collectible Accounts Receivable - Electric Sales $58,768.21 $59,179.90 Returned Checks - Not Collectible $ 382.10 Accounts Receivable - Water -Sales $32,828.65 $33,210.75 TOTAL $1002985.76 7,2-31-498-1218 Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, (47) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Citizens National Bank of Lubbock (four years - floating rate) for the City of. Lubbock depository and to authorize the Mayor to execute a contract. ALTERNATE PROPOSAL - FOUR(4)_YEARS-- FLOATING RATE NOTICE TO BANKING INSTITUTIONS WITHIN THE CITY OF LUBBOCK Notice i& hereby given that the Governing Body of the City of Lubbock, subject to the pro- vision of Article 2559 to Article 2566A, Revised Civil Statutes of Texas, as amended, will receive applications from all interested banking institutions within the City of Lubbock to serve -as prime depository of the City of Lubbock and maintain custody of the funds of the City for a period of Four (4) years from December 1, 1972, through November 30, 1976. Any such applications shall be delivered to the office of the City Secretary in the City Hall prior to 10:00 a.m., to be opened publicly at 10:30 a.m., Thursday, November 9, 1972. It is requested -that each bank bid by filling in the blanks and agreeing to the following specifications. Interest Rates Demand De osits Time Deposits Multiple Maturities: Thirty (30) days Sixty (60) days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days Two (2) Years (730) days Compounded when? Fixed Maturities and/or C.D.'s under $100,000: Thirty (30). days Sixty (60) "days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days Two (2) years (730) days Compounded when? Rate NONE 4 1/2% 4 1/2% 5% 5% 5 1/2% 5 3/4% Quarterly 5% 5% 5% 5% 5 1/2% 5 3 /4% Quarterly Fixed Maturities and/or C,.D.'s,M0,000 and over: Nearest Maturity U.S. Treasury Bill Asked Yield Frm Latest Available Wall Street Journal Thirty (30) days Sixty (60) days Ninety (90) days One hundred -eighty (180) days Three hundred -sixty (360) days (or longer) Compounded -when? + 1.00% + 1.00% + 1.00% + 1.00% 1-Year Maturity Bills + 1.00% Quarterly Charges, if any, for handling of checks and deposits - Eight (8G) cents per item Charges, if any, for handling of temporary overdrafts - On any overdraft bank elects to pay on any account, a charge of 4% per annum shall be made from date of overdraft. Rate of interest, if any, to be charged on loans and maximum loan limit - Rate of interest 3 3/4% up to $5,000,000.00; over $5,000,000 to $15,000,000.00 rate subject to negotiation. Rate of interest, if -any, to be charged on warrants - 4%. In addition to the normal services and supplies furnished by the depository bank, the following services are standard and common to most depository contracts. The City of Lubbock needs these services and expects them to be furnished at no charge as a part of this proposal. Foreign and Domestic Exchange Paying Agent for Bonds I 72-31-499-1219 (49) Bond and Coupon Service Wire Transfer Service Parking Facilities Safe Deposit Boxes Coin Wrappers Night Depository Service including Bags and Keys Traveler's and Cashier's Checks Daily Balance on Each Account Bidders are requested to submit any further concessions or services whi offer to the City of Lubbock and make any comments as further consideration City's depository. in selecting the All monies which are deposited into the depository under the provisions of this proposal shall be continuously secured, in accordance with the laws of the State of Texas applicalbe thereto, by a valid pledge of direct obligations having a par value or market value when less than par, exclusive of accrued interest, at all times at least equal to the total amount of money on deposit in said several funds on deposit.in the depository. If the City so desires it may purchase certificates of deposit with maturity dates any time in the future. All time deposits or time certificates of deposit which have not elapsed on the termination date of the finally approved depository contract, shall remain on deposit with the same depository under the same terms and conditions in effect during said contract until the date such time deposits have elapsed. The City of Lubbock reserves the right to accept or reject any or all bids, to waive formalities, and to accept the bid the City considers the most advantageous. The City also reserves the right to place or invest part or all of any surplus or excess funds outside the designated depository, in.any lawful manner as may be determined by+the City Council, from time to time throughout the term of the contract. In the event it is desired to submit more than one proposal, the terms of such proposal should be submitted on a duplicate bid sheet and marked "ALTERNATE PROPOSAL." Dated this Sixteenth Day of October, Nineteen Hundred Seventy -Two /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer City of Lubbock, Texas Name of Bank Citizens National Bank, Lubbock, Texas__ By /s/ C. B. Carter Title President Date November 9 1972 This agreement is made subject to the.statutes of the Congress of the United States and the State of Texas and subject to the rules and regulations promulgated by the Office of the Comptroller of the Currency of the United States, the Board of dovernors of the Federal Reserve System and the Board of Directors of the Federal Deposit Insurance Corporation, as are now in existence and such other statutes, rules and regulations of these entities as may hereafter become effective during the term of this agreement; and if this agreement should be or become in conflict with such statutes, rules and regulations, then this agreement shall be amended to comply with such statutes, rules and regulations. /s/ C. B. Carter C. B. Carter, President Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resolution be Passed. RESOLUTION WHEREAS, the City of Lubbock and the United States of America entered into Lease No, FA 66SW-8012 for TRACON Space at the Lubbock Regional Airport, and WHEREAS, the Government needs to expand and modify its Terminal Radar equipment area and desires the City to perform such work for the fee of $6,405.22; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized to execute for and on behalf of the -City of Lubbock a Supplemental Agreement No. 3 to Lease No. FA 66SW-8012 between the City of Lubbock and the United.States of America attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of November, 1972. /s/ Morris W. Turner MORRIS W. TURNER, MAYOR ATTEST: APPROVED AS TO FORM: /s/ Lavenia Lowe /s/ Fred 0. Senter, Jr. Lavenia Lowe, City Secretary -Treasurer Fred 0. Senter, Jr., City Attorney I DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION POST OFFICE BOX 1689, FORT WORTH, TEXAS 76101 Lease No. FA66SW-8012 TRACON Space Lubbock Regional Airport Lubbock, Texas SUPPLEMENTAL AGREEMENT NO. 3 THIS SUPPLEMENTAL AGREEMENT, made and entered into as of the 22nd day of November, 1972, by and between the UNITED STATES OF AMERICA, hereinafter called the "Government", and the CITY OF LUBBOCK, whose address is Lubbock Regional Airport, Route 3, Box 201, Lubbock,Texas, 79401, WITNESSETH, That: WHEREAS, the Government has a need to expand -and modify its Terminal. Radar equipment area for the installation of new ARTS III equipment in order to perform an additional radar operation, and desires the City to perform and accomplish the necessary expansion and modification work in accordance with the Government's specifications, for which the fixed fee of $6,405.22 shall be paid; and WHEREAS, the City has completed all required renovation and modifications in accordance with the Governments' specifications, and it has been determined that the aforesaid fixed fee in the amount of $6,405:22 shall be paid: NOW THEREFORE, the said lease is amended in the following particulars only, VIZ: 1. That: the Government shall pay the City the agreed upon fixed fee in the amount of $6,405.22 for satisfactory completion of the required modification and renovation of the Government's Terminal Radar equipment area in order to provide for installation of new ARTS III equipment. IN WITNESS WHEREOF, the parties hereunto have executed this agreement effective the date and year first above written. CITY OF LUBBOCK By: Morris W. Turner /s / Title: Mayor THE UNITED STATES OF AMERICA By: Harold L. Keogh /s/ Title: Chief, Management & Disposal Section 72-31-500-1220 The City Council considered the disposition of a T-33 aircraft owned by the City. After con- (51) sideration of all information presented, motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to return this T-33 aircraft to the United States Government. 72-31-500-1221 The following bids were received for the purchase of miscellaneous electric items for warehouse (52) stock, being Bid No. 2223. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Southwestern Electric Supply Co. for the purchase of Item 1; accept the bid of General Electric Supply Co. for the purchase of Item 13; accept the bid of Westinghouse Electric Supply Co. for the purchase of Items 7 and 11; accept the bid of Temple Inc., for the -purchase of Items 5 and 14; accept the bid of Graybar Electric Co., Amarillo, for the purchase of Items 6 and 12; accept the bid of Fields and Co. for the purchase of Items 4, 8, 9 and 10; accept the bid of Nelson Electric Supply Co. for the purchase of Items 2 and 3. d 72-31=500-1222 The following bids were received for the purchase of miscellaneous electric items for warehouse (53) stock, being Bid No. 2229 and Bid No. 2230. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of Nunn Electric Supply Co. _ for the purchase of Items 1 and 7; accept the bid of Nelson Electric Supply Co, for the purchase of Item 2; accept the bid of Graybar Electric Co. for the purchase of Items 3, 4 and 5; accept the bid of Scott Welding'Co, for the purchase of electric meter pedestals. 72-31-500-1223 The following bids were received for the purchase of 3" x 10" cast iron water pipe for warehouse (54) stock, being Bid No. 2253 Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay to accept the bid of American Cast Iron Pipe Co., Dallas, for the purchase of cast iron water pipe. 72-31-501-1224 The following bids were received. -for the purchase of a printing press for the Print -Shop, being (551 Bid No, 2205, Bid Tabulation set' in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, -motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to accept the bid of Addressograph-Multigraph Sales Corporation for the purchase of a printing press. 72-31-501-1225 The following bids were received for the purchase of air compressors for Electric Production (56) and Public Works, being Bid No. 2196 and Bid No. 2211. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Hollingsworth, seconded by Councilman Campbell, motion.carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to accept the bid of W. M, Smith Electric Co,, Dallas, for the purchase of an air compressor on Bid No. 2196; and accept the bid of Plains Machinery Co. for the purchase of Items 1 and 2 on Bid No. 2211. 72-31-501-1226 NOTICE TO BIDDERS - SALE -OF LOTS (57) - Sealed bids will be received by the City of Lubbock until 2:00 P.M., November 16, 1972 in the office of the Purchasing Agent, Room 207, City Hall for the sale of City owned properties: 1. North side of Twenty -Fifth Street at Indiana Avenue, consisting of the West five (5) feet of Lot 20 and the East forty-five (45) feet of Lot 19, Block 1, Tyler Square Addition, Minimum acceptable on the property $1,500.00. A -certified check, cashier's check or bid bond in the amount of $500 must accompany the bid. 2. South side of Seventeenth Street at Chicago Avenue, Lot 2230-A, Alford Terrace Addition to the City of Lubbock, Louis 115.0 feet by 132.8 feet platted and all pro ratas paid. Minimum acceptable offer is $5,000.00. A Certified Check, Cashier's Check on Bid Bond in the amount of $500.00 must accompany each bid. Copies of the bid may be obtained at the office of the Purchasing Agent, Room 207, eity = Hall. . The owner reserves the right to waive any informalities or to reject all bids. Floyd Nesbitt Purchasing Agent The following bid was received for the sale of City owned vacant lots at 25th Street and Indiana Avenue and 17th Street and Chicago Avenue, being Bid No. 2238. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to accept the bid of Mr. Jim Davis to purchase city owned property on the north side of 25th Street at Indiana Avenue.- 72-31-501-1227 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (58) Mayor Turner and Councilmen Hollingsworth; Jordan, Baker, and Campbell voting Yea, none voting Nay to re -appoint H.-S. Hicks and Theo R. Phea, Jr. to the Housing Standards Commission. These terms are for three years and will expire December 19, 1975. II 72-31-501-1228 Motion was made by Councilman Hollingsworth, seconded by Councilwoman Jordan, motion carried, (59) Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to re -appoint Bill Swinney and to appoint Mrs, James V. Reese to the Housing Authority Board. These terms are for two years and will expire December 27, 1974. 72-31-501-1229 The City Council considered the claim of R. C. Bourland in the amount of $281.66 for blood (60) damage to carpet and divan. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Council- men Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to deny this claim. 72-31-501-1230 The City Council considered the claim of Louis E. Griffin i4 the amount of $787.50 for sewage (60a) backup at 3303 56th Street. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Council- men Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to deny this claim. 72-31-501-1231 The City Council considered the claim of Walter A. Goodgion in the amount of $90.70 for sewage (60b) backups in the vicinity of 2414 3rd Place, After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay - to deny this claim. 72-31-501-1232 The City Council considered the claim of Travelers Insurance Company (Subrogation: Richard 60c). Schulter) in the amount of $435.99 for -damages resulting from an automobile collision. -After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to deny this claim. 72-31-501-1233 The City Council considered the claim of Gulf Group Companies (Subrogation: Lena Skeen) in the (60d) amount of $497.73 for water damage at 1918 8th Street. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to deny this claim. N 72-31-502'-1234 The City Council considered the claim of Walter Wilson in the amount of $92.00 for damage to (60e) automobile caused by a falling tree. After consideration of all information presented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Council- men Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay to deny this claim. 72-31-502-1235 Representatives of the NAACP and the Concerned Citizens of East Lubbock appeared before the City (9) Council to discuss the proposed composting plant being located in Southeast Lubbock. Mr. Harold Chatman, Rev, Davis, Roy Anderson, and Tom Burtis appeared in regard to the matter. Rev. Davis presented the following petition containing approximately 566 names: 01 TO: The Honorable Mayor of the City of Lubbock November 1972-- - Members of the City Council for the City of Lubbock We the undersigned citizens of Southeast Lubbock, wish to voice our opposition to the proposed building and placing of a garbage "Compost Plant" in the proposed site as recommended by the Lubbock -City Council, specifically, adjacent to and/or near the now existing sewage disposal treatment plant located in Southeast,Lubbock. _ r It is our feeling that the proposed plant would -constitute a nuisance and a hazard to health, in that gaseous odors would prevail and pollute the air; trucks and other vehicles traveling to and from the proposed plant would create a hazard for children walking to and from school, as well as a driving hazard; further, that those trucks previously referred to, would be a source of -metal scraps, bits of broken glass and paper in the streets. A condition that existed before the pre- vious or old dump ground in Southeast Lubbock was closed. We the following citizens register this complaint in good faith, in the belief that the responsible "City Fathers" will hear and act accordingly, eliminating further dialogue or litigation. Sam Wahl, Director of Public'Works, appeared before the City Council and stated that the composting plant would utilize the sludge from the water reclamation plant and would of necessity have to be near this plant. The City Council stated -that the company who is dealing with the City of Lubbock has stated that there will be no odor from this plant and the contract between the City and this Company so states. The request of the citizens was taken under advisement. 72-31-502-1236 in accordance with the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1437-D - (23) Request of H. M. "Buzz" Bourgeois to amend the site plan on property 1Qcated north of 4th Street and west of Toledo Avenue. The Planning and Zoning Commission recommended that this request be granted. Mayor Turner called for proponents and opponents to appear before the City Council. Jim Bertram-, Director of Planning, appeared before the City Council and gave a summation of the recommendations of the Planning and Zoning Commission, No one else came forward; whereupon, Mayor Turner announced that the hearing was closed. After consideration of all information pre- sented, motion was made by Councilman Baker, seconded by Councilman Campbell, motion carried, Mayor Turner and Councilmen Hollingsworth; Jordan, Baker, and Campbell voting Yea, none voting Nay to uphold the recommendation of the Planning and Zoning Commission and pass Ordinance No. 6522 on first reading with the stipulation that the drainage easement area must be paved before complete development of the area covered by this ordinance. ORDINANCE NO. 6522 AN ORDINANCE AMENDING ORDINANCE N0. 6071 OF WE CITY OF LUBBOCK, WHICH COVERED ZONE CASE NO. 1437-D, BY AMENDING THE APPROVED SITE PLAN MADE A PART THEREOF; PROVIDING A SAVINGS CLAUSE f AND PROVIDING FOR PUBLICATION. 72-31-502-1237 In accordance with.the above Notice of Zoning Hearing, hearing was held on Zone Case No. 1852 - (25) Request of Don Osborne (for Troy V. Post) to change property located north of 20th Street between Avenue X and University Avenue from an "R-2" to a "C•3" Zoning District -with the following desired uses to be made of property: Lots 19 and 20 to be used for bank facilities, Lots 21 through 36 to be used for parking. The Planning and Zoning Commission recommended that this request be granted subject to the.foilowing condition: Tied to the site plan as to the landscaping and ingress and egress: Mayor Turner called for proponents and opponents to appear before the City Council. Mr. Don Osborne appeared in support of this zone change request. Jim Bertram, Director of Planning, R appeared before the City Council and gave a summation of the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Turner announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Hollingsworth, seconded by -Councilwoman Jordan, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker, and Campbell voting Yea, none voting Nay, to uphold the recommenda- tions of the Planning #nd Zoning Commission and pass Ordinance No. 6523 on first reading. ORDINANCE NO. 6523 AN ORDINANCE.AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK F SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1852: CHANGE LOTS 19 THRU 36, BLOCK 1, ELWOOD .PLACE ADDITION, CITY OF LUBBOCK, LUBBOCr, COUNTY, TEXAS, FROM AN "R-2" TO A "C-3" ZONING DISTRICT; ` SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A $AVINGS CLAUSE AND PROVIDING FOR PUBLICA- TION. 72-31-502-1238 Motion was made by Councilwoman Jordan, seconded by Councilman Baker, motion carried, Mayor Turner (39) and Councilwoman Jordan, Councilmen Baker and Campbell voting Yea, none voting Nay to pass Ordinance No. 6524 on first reading. Councilman Hollingsworth was absent at the time of this motion. AN APPROPRIATION ORDINANCE ORDINANCE NO. 6524 WHEREAS, the City Council of the City -of Lubbock finds it is necessary to appropriate certain specific -funds out of bond funds for an approved project; Widening of Fourth Street (SEE PAGE 503 A for completion of thi's item) NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:' There is hereby appropriated out of the following described bond fund, to -wit: Street Lnprovement Bond Fund . . . GWO 10755 The sum $24,376.50 For the following purpose: Acquisition of Right -of -Way to widen 4th Street, i Parcel No. 11: A portion of land (2,164.95 sq. ft.) out of Lot 24, Block 11, Green and Hankins Subdivision to the City of Lubbock, Lubbock County, Texas . . . . . . . . $24,150.00 Supplemental Expenditures 226.50 Total $24,376.50 W Motion was then made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay that the passage of Ordinance No. 6462 on second and final reading be reconsidered. Motion was made by Councilwoman Jordan, seconded by Councilmen Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan and Campbell voting Yea, none voting Nay to pass Ordinance No. 6462 on second and final reading as shown in the final form as set out below. 72-31-593-1239 Councilman John E. Baker abstained from consideration or voting on this item. i Motion was made by Councilwoman Jordan, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, and Campbell voting Yea, none voting Nay to pass Ordinance No. 6762 on second and final reading. (SEE HkGE 502-B for completion of this item.) ORDINANCE NO. 6462 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1695 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK. SO AS TO MAKE THE FOLLOWING CHANGE ON PROPERTY ADJACENT TO THE MEMORIAL CIVIC CENTER: THE WEST ONE-HALF OF BLOCKS 6, 22,38,54,70 AND 86, ORIGINAL TOWN; LOTS 1,2,3,4 AND 5, BLOCK 102, ORIGINALI.- TOWN; THE NORTH ONE - HALF OF BLOCKS 97,98,99,100 AND 101, ORIGINAL TOWN; THE NORTH ONE-HALF OF BLOCK 134, OVERTON ADDITION; LOTS 1, 2 AND 3, BLOCK 118, OVERTON ADDITION; THE EAST ONE-HALF OF '. BLOCKS 106,109,113,114 AND 117, OVERTON ADDITION; LOT 3, BLOCK 3, ROBERTS AND McWHORTER ADDITION. LOTS A AND B, BLOCK 2, GARLAND SUBDIVISION; THE EAST 49.5 FEET OF THE NORTH 26.0 FEET OF LOT 16, BLOCK 2, GARLAND SUBDIVISION; LOTS 1,2,13,14, BLAKE'S SUBDIVISION OF BLOCK 1 OF ROBERTS & Mc- WHORTER ADDITION; SOUTH 100' OF LOTS 1,4,11 AND 12, RICHMOND ADDITION; THE SOUTH 100' FEET OF LOT 14, BLOCK 8, WILLIAM TUBBS ADDITION; BLOCKS 1 AND 2, RATLIFF ADDITION; LOTS 1 AND 2, SAFE - WAY ADDITION; ALL OF BLOCKS 5 AND 6, MERRITT AND WILD ADDITION; ALL OF BLOCK 1, ORIGINAL TOWN, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS; CHANGE ALL OF THE ABOVE FROM THEIR PRESENT "R-3, OR "M-2" TO 11C-4" ZONING DISTRICT: SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. WHEREAS, the proposed change in zoning districts as hereinafter made has been duly present- ed to the Zoning and Planning Commission for its recommendation which was received by the City Council, after due consideration, the City Council finds that making the proposed change as here. inafter set out will be in the public interest; and, j WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ord- inance and Map have been fully complied with, as well as giving notices in compliance with Section 20 of Ordinance No. 1695 as well as notices provided by Article 1011f, Vernon's Annotate Civil Statutes, amended in 1961, and notice was duly published in the Lubbock Morning Avalanche Journal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice was duly held in the City Council Room onthe second floor of the City Hall, Lubbock, Texas, at which time persons appeared in support of the proposal; and, after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof; NOW THEREFOREI1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1 THAT Ordinance No. 1695 and the Official Zoning Map of the City of Lubbock BE and the same are hereby amended as follows: Change the following described property which is adjacent to the Memorial Civic Center, from its respective "R-311, "C-411, "M-1" or 11M-2" to a "C-4" Zoning District, subject to conditions. The West one-half of Blocks 6,22,38,54,70 and 86, Original Town; Lots 1,2,3,4, and 5, Block 102, Original Town; The North one-half of Blocks 97,98,99,100 and 101, Original Town; The North one-half of Block 134, Overton Addition; Lots 1,2, and 3, Block 118, Overton Addition; The East one-half of Blocks 106,109, 113,114, and 117, Overton Addition; The South 100' of Lot 3, Block 3, Roberts and McWhorter Addition; The South 100' of Lots A and B, Block 2, Garland Subdivision; Lots 1,2,13,14, Blake's Subdivision of Block 1 of Roberts & McWhorter Addition; South 100' of Lots 1,4,11 and 12, Richmond Addition; The South 100' of Lot 14, Block 8, William Tubbs Addition; Blocks 1 and 2, Ratliff Addition; Lots I and 2, Safeway Addition; All of Blocks 5 and 6, Merritt and Wild Addition; All of Block 1, Original Town, City of Lubbock, Lubbock County, Texas: SUBJECT TO THE FOLLOWING CONDITIONS: 1._ Permitted Uses: Apartments (1 unit per 1000 sq. ft. lot area) Barber Shop Bar, supper club, night club, cocktail lounge, private club Beauty Shop Civic or Fraternal Organization Hotel, motel, motor hotel Medical Uses - Hospitals, clinic (except verterinary) Parking - off-street (Public or private) Professional offices Restaurants - mixed alcoholic beverage sales permitted as an incidental use Retail - Bakery Department stores Drug Store Florist Grocery Stores Pharmacies Specialty Shops Service Stations Studios Theaters Travel Agency & Bureau In addition to these premitted uses, the following uses shall be permitted uses, the following uses shall be permitted on that portion of the property which fronts onto Fourth (4th) Street, and Avenue Q. Said property on 4th Street being located on the north side of Fourth (4th) Street between Avenue Q and the Santa Fe Railroad Right -of -Way. The property on Avenue Q shall be that situated on the West side of Avenue Q between 4th Street and loth Street: Any use unconditionally permitted in the "C-4" commercial district provided that the busi- ness is conducted entirely within a building. No outside storage or display of any kind shall be permitted. 2. Yards. There shall be a minimum building setback of ten (10) feet from the front property line for non- residential uses. Apartments shall maintain "A-2" yard requirements. 3. Off -Street Parking USE Apartments Barber Shop REQUIREMENT 1 1/2 space per 1 bedroom 2 spaces per 2 or more bedroom 1 space per 150 sq. ft. gross floor area Bar, cocktail lounge, night club, supper club or i space per 100 sq. ft. of gross floor space private club Beauty Shop Civic and Fraternal Organizations Motel, Motel and Motor Hotel Medical Uses - Hospitals Clinics Professional Offices Restaurants Retail Service Stations Studios Theaters Travel Agency and Bureau Wholesale and'all other 1 space per 150 sq. ft. of gross floor area 1 space per 200 aq. ft. of gross floor area 1 space per room 2 per bed; 1 per 200 sq. ft. of gross floor area 1 space per 200 sq. ft. of gross floor area 1 space per 100 sq. ft. of gross floor area 1 space per 150 sq. ft. of gross floor area 1 per service stall and 1 per employee 1 space per 150 sq. ft. of gross floor area I space per four seats 1 space per 200 sq. ft. of gross floor area. 1 space per employee plus 1 space for each com- pany vehicle. 4. Landscaping Sixty percent (60% of the required ten (10) foot front yard shall'be landscaped and permanently maintained for non-residential uses and 15% of the total lot area shall be landscaped and per- manently maintained for apartments. 5. Advertising A. Sign Content All signs shall pertain to identification of the primary use and/or primary service provided or primary product sold on the premises. Signs shall not advertise incidental products by brand names. B. Sign Area a The total -area of the sign (s) allowed under this section shall not exceed 1 1/2 percent of the gross floor area of the building or one (1) square foot of sign for each lineal foot of lot frontage. Only the areas of one surface of a double face sign shall be considered as sign area. i C. Sim Wipes_ Permitted 1. Fascia -A sign with letter face parallel to the building facade extending no more than two (2) feet perpendicularly from any facade. i 2. Free Standing - One (1) free standing sign is permitted for a development lot on 4th Street or Avenue Q provided the following conditions are met: II (a) The height shall not exceed Thirty (30) feet. (b) No part of such signs may project horizontally beyond the property line. (c) There shall be a minimum horizontal separation of 90 feet between every free standing sign on the same side of the street. w L 3. Cano - Signs which are attached to a canopy, provided they do not project horizontally beyond the canopy or vertically above the highest point of the canopy. f 4. Temporary_ - Signs which advertise property for sale or Lease or advertise the opening of a new business. Signs indicating a new business shall be removed within thirty (30) days of the opening date. 5. Public Service - Signs limited to depiction of time, to m.perature or news, provided all other standards of this section are complied with. D. Sign Desi n 1. All electrical service lines to signs shall not be visible from the exterior of the building. 2. Hanging, exposed neon without background letters, flashing, roof signs or signs painted directed on walls shall be prohibited. E. Abandoned Business Signs - All signs and supports relating to an abandoned or discontinued business must be removed within thirty (30) days from the date of discontinuance. F. Non -Conforming Sign Abatement 1. Noncconforming signs (costing $100 or less) not currently in violation of the zoning ordi- nance, shall be removed or brought into compliance within one (1) year of the effective date of this Ordinance. 2. Non -conforming signs (costing $100 to $999) not currently in violation of the zoning ordinan shall be removed or brought into compliance within three (3) years of the effective date of this Ordinance. 3. None -conforming signs (costing $1,000 to $4,999) not currently'in violation of the zoning ordinance, shall be removed or brought into compliance within eight (8) years of the effective date of this Ordinance. 4. Non -conforming signs (costing $5,000 or more) not currently in violation of the zoning ordinance, shall be removed or brought into compliance within ten (10) years of the effective date of this Ordinance. 5. Existing billboards shall be exempt from abatement, but shall be allowed to remain in the same number as existing on the effective date of this Ordinance. Such billboards will be sub- ject to the regulations of the Highway Beautification Act (Section 131 of Title 23, United States Code, 1965) and the Texas Highway Beautification Act of 1972 (Act 6674V-1, V.A.C.S.) 6. Coverage - Coverage shall not exceed 75"/ of the gross lot area for non-residential uses and 40% of the gross lot area for apartments. 7. Expansion of any non -conforming use (as defined in Section 18, Zoning Ordinance #1695) created by this Ordinance shall be approved as set forth in Section 19 of Zoning Ordinance #1695. SECTION 2. THAT from and after passage and effective date of this Ordinance said lots, tracts and parcels of land described in section 1 hereof shall be changed to the Zoning District indicated and the Official Map is amended in accordance herewith. SECTION 3. THAT any person, firm or corporation owning or operating the subject property failing to comply with the conditions imposed by Section 1 hereof shall be guilty of a mis- demeanor and upon conviction thereof, shall be subject to a fine not to exceed TWO HUNDRED DOLLARS and each and every day's violation thereof shall constitute a separate and distinct offer The failure of any corporation owning or operating the subject property to comply with any '' of the conditions imposed by Section 1 hereof shall render the President, Vice -President, General: Manager, Local Manager and Local Agent liable to the penalty prescribed in this section. SECTION 4. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordi- nance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the des- criptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this 27th day of September, 1972. Passed by the Council on second reading this 22nd day of November, 1972. ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: �J /s/ Fred 0. Senter. Jr., City Attorney /s/ MORRIS W. TURNER, MAYOR 72-31-506-1240 (50) The City Council considered disposition of a small tract of land owned by the City at 19th Street and Avenue X. After consideration of all information presented, motion was made by CouncilI� man Baker, seconded by Councilman Hollingsworth, motion carried, Mayor Turner and Councilmen Hollingsworth, Jordan, Baker and Campbell voting Yea, none voting Nay that the following resoluti,n be passed. I. RESOLUTION WHEREAS, the City of Lubbock, on October 25, 1968, purchase a certain tract of land from Walter W. Brand, and wife, Myrtle Brand, and on the same date entered into an option agreement with the same parties permitting a repurchase of said land in the event the City Council made the determination that such land was no longer needed for the proposed street project; and WHEREAS, the City Council has determined that the property set out in the deed mentioned above and the deed attached hereto, is no longer needed for the street right-of-way for the pro- posed street project; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized to execute for and on behalf of the City of Lubbock, a Special Warranty Deed from the City of Lubbock to Troy V. Post, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of November, 1972. /s/ MORRIS W. TUTNER, ATTEST: /s/ Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. SPECIAL WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT, Whereas, on the 25th day of October, 1968, the City of Lubbock by Warranty Deed acquired the property hereinafter described from Walter W. Brand and wife, Myrtle Brand; and WHEREAS on even date therewith the City of Lubbock entered into an Option Agreement with the said WALTER W. BRAND and wife, MYRTLE BRAND, their respective successors and assigns and legal and personal representatives, to reconvey the said land in the event the City Council shall at any time before five years from date of such agreement by Resolution expressly determine] that the City no longer has need for said land as rights -of -way for the proposed street; and WHEREAS the City Council on November 22 by official Resolution declared that said land was no longer needed by the City for right-of-way purpose; and WHEREAS the City of Lubbock has now received a notice from Troy V. Post, of the exercise of his optionto purchase said land, as the Assignee of Walter W. Brand and Wife, Myrtle Brand of the Option Agreement herein described; WITNESSETH: THE CITY OF LUBBOCK, a Home Rule Municipality in the County of Lubbock, State of Texas, for and in consideration of the sum of THIRTY SIX THOUSAND AND N0/100 ($36,000.00) DOLLARS, and other good and valuable consideration, to it in hand paid by TROY,V. POST, of Dallas County, Texas, receipt and sufficiency of which is hereby acknowledged and confessed, and for the pay- ment of which no right or lien, expressed or implied, is retained: Has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the said TROY V. POST, of Dallas County, Texas, all that certain tract and parcell of land lying and being situated in Lubbock County, Texas, and being more particularly described as follows: TRACT 1. That portion of Lot 6, Block 1, Ellwood Place Addition, Installment No. 1 to the City of Lubbock, Lubbock County, Texas, described by metes and bounds as follows: BEGINNING at the Southwest corner of said Lot 6, Block 1, Ellwood Place Addition; THENCE North 203.46' along and with the West boundary line of said Lot 6 to a point on the South right-of-way line of 19th Street, for the Northwest corner of this parcel; THENCE in an Easterly direction 50' along and with the South right-of-way line of 19th Street to a point for theNortheast corner of this parcel; THENCE South 106.26' along and with the East boundary line of said Lot 6 to a point, said point being the intersection of the East boundary line of Lot 6 with a curve bearing to the right, said curve having a radius of 492.71 feet and a chord dis- tance of 102.75 feet; 6- 0 s 4W r THENCE Southwesterly on said curve to the right a chord distance of 102.75 feet to a point, said point being the intersection of this curve with the South boundary line of Lot 6, Block 1; THENCE West 17.49 feet along and with the South line of said Lot 6, Block 1, to the point of beginning. Containing 8,778.84 square feet or approximately .202 acres. TRACT 2 That portion of Lot 5, Block 1, Ellwood Place Addition, Installment No. 1, to the City of Lubbock, Lubbock'County, Texas, described by metes and bounds as follows: BEGINNING at a point on the West boundary line of Lot 5, Block 1, Ellwood Place, said point being 97.44 feet North of the Southwest corner of Lot 5, Block 1; THENCE North a distance of 106.26 feet along and with the West boundary line of Lot 5, Block 1, to a point, said point being the intersection of the West boundary line of Lot'5, Block 1, with the South right-of-way line of 19th Street, for the Northwest corner of this parcel; THENCE in an Easterly direction a distance of 11.6 feet along and with the South right-of-way line of 19th Street to a point, said point being the intersection of the South right-of-way line of 19th Street with a curve bearing to the right, for the Northeast corner of this Parcel; THENCE Southwesterly along said curve to the right having a radius of 492.71 feet and a chord distance of 106.88 feet to the point of beginning. Containing 814.1 square feet. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging to the said TROY V. POST, his successors and assigns, forever, and the CITY OF LUBBOCK, does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said TROY V. POST, his successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, be through or under it. WITNESS MY HAND this 22nd day of November, 1972. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney OPTION AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK /sl Morris W. Turner MORRIS W. TURNER, MAYOR KNOW ALL MEN BY THESE PRESENTS . THIS AGREEMENT entered into this 22nd day of November, 1972, between the CITY OF LUBBOCK, Hereinafter known as the "CITY".. and TROY V. POST and wife EMMA LOU POST, hereinafter known as OWNERS. WHEREAS the OWNERS are the record owners of certain real property lying and situated in the -County of Lubbock, State of Texas, and being more particularly described as follows: Lots 35 and 36, Block 1 of Ellwood Place Addition to the City of Lubbock, Lubbock County, Texas; and WHEREAS the CITY has purchased of even date herewith from the OWNERS portions of Lots 1 and 36, Block 1, Ellwood Place Addition, City of Lubbock, Lubbock County, Texas, as right-of- way for the construction of a proposed street; and WHEREAS it is uncertain whether the CITY will need portions of Lots 35 and 36, Block 1, Ellwood Place Addition as addition right -of --way for the proposed street; and WHEREAS the CITY desires an option to purchase said property as described hereinbelow in the event the CITY does determine a need for such additional property. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the OWNERS in consideration of the sum of DOLLARS to it paid by the CITY in cash, the receipt and sufficiency of which is hereby acknow- ledged, and in the mutual promises, covenants and payments hereinafter provided do hereby promise and covenant as follows: The CITY may exercise the option of purchasing from the OWNERS the property described hereinbelow at any time before five (5) years from date by written notice to the owner, delivere personally or mailed to the'OWNERS or his agent at and by paying to the OWNERS the total purchase price which shall be calculated at FIVE AND NO/100- ($5-00) DOLLARS per square foot for the property described below: A tract of land out of Block 1, Ellwood Place Addition to'the City of Lubbock, Lubbock County, Texas, described as follows: BEGINNING at a point that is 900.0 feet East and 268.22 feet South of the North- west corner of Section 9, Block B, and also being 238.22 feet South of the original Northeast cornerof Lot 1, Block 1, Ellwood Place Addition to the City of Lubbock; THENCE South along a line 45.0 feet West of and.parallel to the present West line of Avenue "X",. 151.78 feet to a point; THENCE West 53.11 feet to a point in the North line of 20th Street; THENCE in a Northeasterly direction around the arc of a curve to the left of radius 25.0 feet, a distance of 28.36 feet to a point; THENCE in a Northerly direction, around the arc of a curve to the left of radius 325.0 feet, a distance of 141.81 feet to the PLACE OF BEGINNING. The OWNERS hereby covenant and agree that in the event the CITY does not exercise this option within the option period but at a later date, the CITY seeks to acquire the property covered by this option by process of eminent domain; then, in such event, the owners will not assert any claim for damages to the remainder of the tract or tracts from which such property is taken. The OWNERS will deliver possession and marketable title to said tracts to the CITY and exe- cute and deliver to the OITY a Warranty Deed upon due exercise of this option and payment of the purchase price. This agreement shall be binding upon the parties hereto and their respective successors and assigns and legal and personal representatives. EXECUTED this 22nd day of November, 1972, at Lubbock, Texas. ATTEST: /s/ Lavenia Lowe Lavenia Lowe, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred O. Senter, Jr., City Attorney WARRANTY DEED THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Troy V. Post TROY V. POST /s/EMMA LOU POST Emma Lou Post OWNERS CITY OF LUBBOCK BY: /s/ Morris W. Turner MORRIS W. TURNER, MAYOR KNOW ALL MEN BY THESE PRESENTS: That WE, TROY V. POST and wife, EMMA LOU POST, of the County of Dallas State of Texas, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATIONS to us in hand paid by CITY OF LUBBOCK, a Municipal Corporation, the receipt and sufficiency all of which is hereby acknowledged and confessed, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said CITY OF LUBBOCK, a Municipal Corporation, of the County of Lubbock, State of Texas, all those certain lots, tracts or parcels of land situated and being in Lubbock County, Texas, and described as follows: Being the EAST FORTY-FIVE FEET (E 451) of LOTS ONE (1) and THIRTY-SIX (36) in Block ONE I (1) of ELLWOOD PLACE, an addition to the City'o£ Lubbock, Lubbock County, Texas, accord- ing to the Map or Plat thereof filed for record in the Office of the County Clerk of Lubbock County, Texas. Grantors reserve title to the improvements located upon the above -described property, together with the right to remove the same within six (6) months from the date hereof. Furthermore, Grantors reserve the right to use the above -described property for open parking and landscaping purposes until such time as Grantee gives notice to Grantors that it requires the use of the tract for street widening purposes. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said CITY OF LUBBOCK, a Municipal Corporation, its successors and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said CITY OF LUBBOCK, a Municipal Corporation, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. Witness our hands at Dallas, Texas, 4�C . this 8th day of December, A.D. 1972. /s/ Troy V. Post (Troy V. Post) Emma Lou Post (Emma Lou Post) NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM REGULAR MEETING, NOVEMBER 22, 1972. ATTEST: Lavenia Lowe, Cit3y Secretary -Treasurer READ AND APPROVED THIS THE 14th DAY OF DECEMBER, 1972. ATTEST: Lav nia Lowe, Ci y Secretary -Treasurer Wff MMORRISS W. TURNER, MAYOR MORRIS W. TURNER, MAYOR m